Act On The Appointment And Powers Of Government Delegates And Special Envoys


Published: 2010-05-20

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 Article 1 (Purpose)   print
The purpose of this Act is to provide for the appointment and power of those who have power, for particular purposes, to negotiate with foreign governments or international organizations or to attend international conferences, or to sign or initial treaties on behalf of the Government (hereinafter referred to as "Government delegate") and those who have power to attend important ceremonies held in foreign countries, to convey the positions and ideas of the Government to foreign governments or international organizations, to negotiate with foreign governments or international organizations, or to attend international conferences for particular purposes (hereinafter referred to as "special envoy") and other necessary matters therefor.
[This Article Wholly Amended by Act No. 10308, May 20, 2010]
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 Article 2 (Representation of Government)   print
Except as provided for in this Act or other Acts, no person shall conduct acts referred to in Article 1 on behalf of the Government.
[This Article Wholly Amended by Act No. 10308, May 20, 2010]
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 Article 3 (Minister of Foreign Affairs and Trade)   print
The Minister of Foreign Affairs and Trade shall represent the Government in negotiating with foreign governments or international organizations, attending international conferences, or signing or initialing treaties.
[This Article Wholly Amended by Act No. 10308, May 20, 2010]
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 Article 4 (Heads of Diplomatic Missions Abroad)   print
Any head of diplomatic mission abroad of the Republic of Korea, who is an ambassador extraordinary and plenipotentiary, or an envoy extraordinary and minister plenipotentiary, shall be the Government delegate in negotiations with foreign governments or international organizations which have received his/her credentials.
[This Article Wholly Amended by Act No. 10308, May 20, 2010]
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 Article 5 (Appointment of Government Delegate, etc.)   print
(1) Except as provided for in Articles 3 and 4, any Government delegate shall be appointed by the Minister of Foreign Affairs and Trade: Provided, That the government delegate who negotiates with foreign governments or international organizations about important matters, attends important international conferences, or signs or initials important treaties, shall be appointed by the President via the Prime Minister upon the recommendation of the Minister of Foreign Affairs and Trade.
(2) A special envoy shall be appointed by the President via the Prime Minister upon the recommendation of the Minister of Foreign Affairs and Trade.
(3) Full power or credentials granted to a Government delegate appointed in accordance with the main sentence of paragraph (1), shall be signed by the Minister of Foreign Affairs and Trade, and full power or credentials granted to a Government delegate or a special envoy appointed in accordance with the proviso to paragraph (1), or (2), shall be signed by the President and countersigned by the Prime Minister and the Minister of Foreign Affairs and Trade: Provided, That they may be signed by the Minister of Foreign Affairs and Trade according to international practices.
[This Article Wholly Amended by Act No. 10308, May 20, 2010]
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 Article 5-2 (Designation of External Official Titles)   print
If deemed necessary, the President may designate an external official title of ambassador extraordinary and plenipotentiary or of ambassador for a Government delegate or a special envoy via the deliberation by the State Council upon the recommendation of the Minister of Foreign Affairs and Trade.
[This Article Wholly Amended by Act No. 10308, May 20, 2010]
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 Article 6 (Direction and Supervision by Government)   print
Diplomatic negotiations proceeded with by a Government delegate shall be directed and supervised by the Minister of Foreign Affairs and Trade. The work in connection with economic coordination with foreign countries or international economic institutions in the Republic of Korea shall also be dealt with after hearing the opinions of the Minister of Foreign Affairs and Trade.
[This Article Wholly Amended by Act No. 10308, May 20, 2010]
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 Article 7 (Chief Government Delegate, etc.)   print
(1) Where two or more Government delegates or special envoys are appointed, the order in ranks for them shall be decided, and a chief Government delegate or chief special envoy shall be nominated.
(2) A chief Government delegate or chief special envoy shall direct and supervise other delegates or special envoys and shall represent the Government delegation or special mission, respectively.
[This Article Wholly Amended by Act No. 10308, May 20, 2010]
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 Article 8 (Execution of Duties by Proxy)   print
When a chief Government delegate or chief special envoy is unable to conduct his/her duties due to unavoidable grounds, the person next to him/her in rank shall execute the duties on his/her behalf.
[This Article Wholly Amended by Act No. 10308, May 20, 2010]
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 Article 9 (Suite)   print
If deemed necessary, the Minister of Foreign Affairs and Trade shall appoint advisors, specialists, assistants or other suites to have them assist the Government delegates or special envoys.
[This Article Wholly Amended by Act No. 10308, May 20, 2010]
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 Article 10 (Dismissal)   print
(1) Except as particularly provided for in any other Acts, a Government delegate or special envoy and his/her suite shall be released from office at the time his/her mission is complete.
(2) When a Government delegate or special envoy designated with an external official title of ambassador extraordinary and plenipotentiary or of ambassador in accordance with Article 5-2 is released from office pursuant to paragraph (1), the designation of the external official title of ambassador extraordinary and plenipotentiary or ambassador shall lose its validity.
[This Article Wholly Amended by Act No. 10308, May 20, 2010]
ADDENDA
(1) This Act shall enter into force on the date of its promulgation.
(2) Commissioner extraordinary and plenipotentiary or government delegates at the time this Act enters into force shall be deemed to have been appointed under this Act.
ADDENDUM<Act No. 1549, Dec. 16, 1963>
This Act shall enter into force on the date when the amended Constitution, which is promulgated on December 26, 1962, enters into force.
ADDENDA<Act No. 3758, Dec. 31, 1984>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures) Government delegates or special envoys at the time this Act enters into force, shall be deemed to have been appointed under this Act.
ADDENDA<Act No. 8852, Feb 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM<Act No. 10308, May 20, 2010>
This Act shall enter into force on the date of its promulgation.